North Carolina 2025-2026 Regular Session

North Carolina House Bill H108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 108
	3	+	H D
	4	+	HOUSE BILL DRH10048-MLf-23
	5	+
5	6
6	7
7	8		Short Title: The Sober Operator Act of 2025. (Public)
8		-	Sponsors: Representatives Clampitt, Ager, Kidwell, and Echevarria (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Alcoholic Beverage Control, if favorable, State and Local Government, if
11		-	favorable, Judiciary 2, if favorable, Transportation, if favorable, Rules, Calendar,
12		-	and Operations of the House
13		-	February 13, 2025
14		-	H108 -v-1
	9	+	Sponsors: Representative Clampitt.
	10	+	Referred to:
	11	+
	12	+	DRH10048 -MLf-23
15	13		A BILL TO BE ENTITLED 1
16	14		AN ACT TO ALLOW ONLY SOBER DRIVERS TO OPERATE VEHICLES AND VESSELS 2
17	15		AND SAVE LIVES OF OPERATORS, PASSENGERS, AND PEDESTRIANS BY 3
18	16		LOWERING THE ALCOHOL CONCENTRATION LEGAL LIMIT FOR OPERATING A 4
19	17		VEHICLE OR VESSEL FROM 0.08 TO 0.05; TO INCREASE EFFICIENCY IN THE 5
20	18		IMMEDIATE CIVIL PRETRIAL REVOCATION OF DRIVERS LICENSES; TO 6
21	19		REQUIRE IMPAIRED DRIVERS TO PAY THEIR FAIR SHARE OF THE COSTS OF 7
22	20		THEIR PROCESSING; TO REDUCE UNNECESSARY MOTIONS BY ADMITTING 8
23	21		ALCOHOL AND DRUG SCREENING TESTS TO PROVE THE ARRESTING OFFICER 9
24	22		HAD PROBABLE CAUSE; TO ASSURE TRANSPARENCY IN THE COURTS SO THAT 10
25	23		ALL OPERATORS ARE TREATED EQUALLY AND ALL USERS OF THE STREETS 11
26	24		AND WATERWAYS THROUGHOUT THE STATE HAVE EQUAL PROTECTION 12
27	25		FROM IMPAIRED DRIVERS BY REQUIRING VIDEO RECORDING OF DISTRICT 13
28	26		COURT PROCEEDINGS AND PUBLISHING REPORTS OF HOW IMPAIRED 14
29	27		DRIVING CASES ARE RESOLVED; TO ALLOW REPEAT OFFENDERS A METHOD 15
30	28		TO PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A 16
31	29		VEHICLE; AND TO REVISE THE PUNISHMENT IMPOSED ON A PERSON OVER 17
32	30		LAWFUL AGE WHO AIDS AND ABETS A PERSON UNDER LAWFUL AGE IN THE 18
33	31		SALE OR PURCHASE OF ALCOHOLIC BEVERAGES IF SERIOUS BODILY INJURY 19
34	32		RESULTS. 20
35	33		The General Assembly of North Carolina enacts: 21
36	34		22
37	35		TITLE OF ACT 23
38	36		SECTION 1. This act shall be known as "The Sober Operator Act of 2025." 24
39	37		25
40	38		REVISIONS RELATING TO LOWERING THE ALCOHOL CONCENTRATION 26
41	39		LEGAL LIMIT FROM 0.08 TO 0.05 WHEN OPERATING A VEHICLE OR VESSEL 27
42	40		AND INCREASE EFFICIENCY IN ADMINISTERING THE IMMEDIATE CIVIL 28
43	41		PRETRIAL REVOCATION 29
44	42		SECTION 2.(a) G.S. 20-12.1(a)(2) reads as rewritten: 30
45	43		"(2) After having consumed sufficient alcohol to have, at any relevant time after 31
46	44		the driving, an alcohol concentration of 0.08 0.05 or more." 32
47		-	SECTION 2.(b) G.S. 20-16.2 reads as rewritten: 33 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 108-First Edition
49		-	"§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event 1
50		-	of refusal; right of driver to request analysis. 2
51		-	(a) Basis for Officer to Require Chemical Analysis; Notification of Rights. – Any person 3
52		-	who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical 4
53		-	analysis if charged with an implied-consent offense. Any law enforcement officer who has 5
54		-	reasonable grounds to believe that the person charged has committed the implied-consent offense 6
55		-	may obtain a chemical analysis of the person. 7
56		-	Before any type of chemical analysis is administered the person charged shall be taken before 8
57		-	a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer 9
58		-	who is authorized to administer chemical analysis of the breath, who shall inform the person 10
59		-	orally and also give the person a notice in writing that:of the following implied-consent advisory: 11
60		-	(1) You have been charged with an implied-consent offense. Under You have 12
61		-	consented to a chemical analysis under the implied-consent law, you can law. 13
62		-	If you choose to withdraw your consent and refuse any test, but your drivers 14
63		-	license will be revoked for one year and could be revoked for a longer period 15
64		-	of time under certain circumstances, and an officer can compel you to be tested 16
65		-	under other laws. 17
66		-	… 18
67		-	(4) Your driving privilege will be revoked immediately for at least 30 days if you 19
68		-	refuse any test or the test result is 0.08 or more, 0.04 or more if you were 20
69		-	driving a commercial vehicle, or 0.01 or more if you are under the age of 21.a 21
70		-	judicial official determines there is probable cause for the implied-consent 22
71		-	offense charge. 23
72		-	… 24
73		-	(a1) Meaning of Terms. – Under this section, an "implied-consent offense" is an offense 25
74		-	involving impaired driving, a violation of G.S. 20-141.4(a2), or an alcohol-related offense made 26
75		-	subject to the procedures of this section. A person is "charged" with an offense if the person is 27
76		-	arrested for it or if criminal process for the offense has been issued. The term "judicial official" 28
77		-	is as defined in G.S. 15A-101. 29
78		-	… 30
79		-	(i) Right to Chemical Analysis before Arrest or Charge. – A person stopped or 31
80		-	questioned by a law enforcement officer who is investigating whether the person may have 32
81		-	committed an implied consent offense may request the administration of a chemical analysis 33
82		-	before any arrest or other charge is made for the offense. Upon this request, the officer shall 34
83		-	afford the person the opportunity to have a chemical analysis of his or her breath, if available, in 35
84		-	accordance with the procedures required by G.S. 20-139.1(b). The request constitutes the 36
85		-	person's consent to be transported by the law enforcement officer to the place where the chemical 37
86		-	analysis is to be administered. Before the chemical analysis is made, the person shall confirm the 38
87		-	request in writing and shall be notified:notified of all of the following: 39
88		-	(1) That the test results will be admissible in evidence and may be used against 40
89		-	you in any implied consent offense that may arise;arise. 41
90		-	(2) Your driving privilege will be revoked immediately for at least 30 days if the 42
91		-	test result is 0.08 or more, 0.04 or more if you were driving a commercial 43
92		-	vehicle, or 0.01 or more if you are under the age of 21.you are charged with 44
93		-	an implied-consent offense and a judicial official determines there is probable 45
94		-	cause for the charge. 46
95		-	…." 47
96		-	SECTION 2.(c) G.S. 20-16.5 reads as rewritten: 48
97		-	"§ 20-16.5. Immediate civil license revocation for certain persons charged with 49
98		-	implied-consent offenses. 50
99		-	… 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 108-First Edition Page 3
	45	+	SECTION 2.(b) G.S. 20-16.2 reads as rewritten: 33
	46	+	"§ 20-16.2. Implied consent to chemical analysis; mandatory revocation of license in event 34
	47	+	of refusal; right of driver to request analysis. 35
	48	+	H.B. 108
	49	+	Feb 12, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH10048-MLf-23
	52	+	(a) Basis for Officer to Require Chemical Analysis; Notification of Rights. – Any person 1
	53	+	who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical 2
	54	+	analysis if charged with an implied-consent offense. Any law enforcement officer who has 3
	55	+	reasonable grounds to believe that the person charged has committed the implied-consent offense 4
	56	+	may obtain a chemical analysis of the person. 5
	57	+	Before any type of chemical analysis is administered the person charged shall be taken before 6
	58	+	a chemical analyst authorized to administer a test of a person's breath or a law enforcement officer 7
	59	+	who is authorized to administer chemical analysis of the breath, who shall inform the person 8
	60	+	orally and also give the person a notice in writing that:of the following implied-consent advisory: 9
	61	+	(1) You have been charged with an implied-consent offense. Under You have 10
	62	+	consented to a chemical analysis under the implied-consent law, you can law. 11
	63	+	If you choose to withdraw your consent and refuse any test, but your drivers 12
	64	+	license will be revoked for one year and could be revoked for a longer period 13
	65	+	of time under certain circumstances, and an officer can compel you to be tested 14
	66	+	under other laws. 15
	67	+	… 16
	68	+	(4) Your driving privilege will be revoked immediately for at least 30 days if you 17
	69	+	refuse any test or the test result is 0.08 or more, 0.04 or more if you were 18
	70	+	driving a commercial vehicle, or 0.01 or more if you are under the age of 21.a 19
	71	+	judicial official determines there is probable cause for the implied-consent 20
	72	+	offense charge. 21
	73	+	… 22
	74	+	(a1) Meaning of Terms. – Under this section, an "implied-consent offense" is an offense 23
	75	+	involving impaired driving, a violation of G.S. 20-141.4(a2), or an alcohol-related offense made 24
	76	+	subject to the procedures of this section. A person is "charged" with an offense if the person is 25
	77	+	arrested for it or if criminal process for the offense has been issued. The term "judicial official" 26
	78	+	is as defined in G.S. 15A-101. 27
	79	+	… 28
	80	+	(i) Right to Chemical Analysis before Arrest or Charge. – A person stopped or 29
	81	+	questioned by a law enforcement officer who is investigating whether the person may have 30
	82	+	committed an implied consent offense may request the administration of a chemical analysis 31
	83	+	before any arrest or other charge is made for the offense. Upon this request, the officer shall 32
	84	+	afford the person the opportunity to have a chemical analysis of his or her breath, if available, in 33
	85	+	accordance with the procedures required by G.S. 20-139.1(b). The request constitutes the 34
	86	+	person's consent to be transported by the law enforcement officer to the place where the chemical 35
	87	+	analysis is to be administered. Before the chemical analysis is made, the person shall confirm the 36
	88	+	request in writing and shall be notified:notified of all of the following: 37
	89	+	(1) That the test results will be admissible in evidence and may be used against 38
	90	+	you in any implied consent offense that may arise;arise. 39
	91	+	(2) Your driving privilege will be revoked immediately for at least 30 days if the 40
	92	+	test result is 0.08 or more, 0.04 or more if you were driving a commercial 41
	93	+	vehicle, or 0.01 or more if you are under the age of 21.you are charged with 42
	94	+	an implied-consent offense and a judicial official determines there is probable 43
	95	+	cause for the charge. 44
	96	+	…." 45
	97	+	SECTION 2.(c) G.S. 20-16.5 reads as rewritten: 46
	98	+	"§ 20-16.5. Immediate civil license revocation for certain persons charged with 47
	99	+	implied-consent offenses. 48
	100	+	… 49 General Assembly Of North Carolina Session 2025
	101	+	DRH10048-MLf-23 Page 3
101	102		(b) Revocations for Persons Who Refuse Chemical Analyses or Who Are Charged With 1
102	103		Certain Implied-Consent Offenses. – A person's driver's license is subject to revocation under 2
103	104		this section if:if all of the following criteria are met: 3
104	105		(1) A law enforcement officer has reasonable grounds to believe that the person 4
105	106		has committed an offense subject to the implied-consent provisions of G.S. 5
106	107		20-16.2;G.S. 20-16.2. 6
107	108		(2) The person is charged with that offense as provided in G.S. 7
108	109		20-16.2(a);G.S. 20-16.2(a). 8
109	110		(3) The law enforcement officer and the chemical analyst comply with the 9
110	111		procedures of G.S. 20-16.2 and G.S. 20-139.1 in requiring the person's 10
111	112		submission to or procuring a chemical analysis; andanalysis. 11
112	113		(4) The person:A judicial official determines there is probable cause for the 12
113	114		implied-consent offense charge. 13
114	115		a. Willfully refuses to submit to the chemical analysis; 14
115	116		b. Has an alcohol concentration of 0.08 or more within a relevant time 15
116	117		after the driving; 16
117	118		c. Has an alcohol concentration of 0.04 or more at any relevant time after 17
118	119		the driving of a commercial motor vehicle; or 18
119	120		d. Has any alcohol concentration at any relevant time after the driving 19
120	121		and the person is under 21 years of age. 20
121	122		(b1) Precharge Test Results as Basis for Revocation. – Notwithstanding the provisions of 21
122	123		subsection (b), a person's driver's license is subject to revocation under this section if:if all of the 22
123	124		following criteria are met: 23
124	125		(1) The person requests a precharge chemical analysis pursuant to G.S. 20-16.2(i); 24
125	126		andG.S. 20-16.2(i). 25
126	127		(2) The person has: 26
127	128		a. An alcohol concentration of 0.08 or more at any relevant time after 27
128	129		driving; 28
129	130		b. An alcohol concentration of 0.04 or more at any relevant time after 29
130	131		driving a commercial motor vehicle; or 30
131	132		c. Any alcohol concentration at any relevant time after driving and the 31
132	133		person is under 21 years of age; and 32
133	134		(3) The person is charged with an implied-consent offense. 33
134	135		(4) A judicial official determines there is probable cause for the implied-consent 34
135	136		offense charge. 35
136	137		… 36
137	138		(e) Procedure if Report Filed with Judicial Official When Person Is Present. – If a 37
138	139		properly executed revocation report concerning a person is filed with a judicial official when the 38
139	140		person is present before that official, the judicial official shall, after completing any other 39
140	141		proceedings involving the person, determine whether there is probable cause to believe that each 40
141	142		of the conditions criteria of subsection (b) has or (b1) of this section has been met. If he the 41
142	143		judicial official determines that there is such probable cause, he the judicial official shall enter 42
143	144		an order revoking the person's driver's license for the period required in this subsection. The 43
144	145		judicial official shall order the person to surrender his or her license and if necessary may order 44
145	146		a law-enforcement officer to seize the license. The judicial official shall give the person a copy 45
146	147		of the revocation order. In addition to setting it out in the order the judicial official shall 46
147	148		personally inform the person of his or her right to a hearing as specified in subsection (g), (g) of 47
148	149		this section, and that his or her license remains revoked pending the hearing. The revocation 48
149	150		under this subsection begins at the time the revocation order is issued and continues until the 49
150	151		person's license has been surrendered for the period specified in this subsection, and the person 50
151	152		has paid the applicable costs. The period of revocation is 30 days, if there are no pending offenses 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 ~~House Bill 108-First Edition~~
	153	+	Page 4 DRH10048-MLf-23
153	154		for which the person's license had been or is revoked under this section. If at the time of the 1
154	155		current offense, the person has one or more pending offenses for which his or her license had 2
155	156		been or is revoked under this section, the revocation shall remain in effect until a final judgment, 3
156	157		including all appeals, has been entered for the current offense and for all pending offenses. In no 4
157	158		event, may the period of revocation under this subsection be less than 30 days. If within five 5
158	159		working days of the effective date of the order, the person does not surrender his or her license 6
159	160		or demonstrate that he or she is not currently licensed, the clerk shall immediately issue a pick-up 7
160	161		order. The pick-up order shall be issued to a member of a local law-enforcement agency if the 8
161	162		law enforcement officer was employed by the agency at the time of the charge and the person 9
162	163		resides in or is present in the agency's territorial jurisdiction. In all other cases, the pick-up order 10
163	164		shall be issued to an officer or inspector of the Division. A pick-up order issued pursuant to this 11
164	165		section is to be served in accordance with G.S. 20-29 as if the order had been issued by the 12
165	166		Division. 13
166	167		(f) Procedure if Report Filed with Clerk of Court When Person Not Present. – When a 14
167	168		clerk receives a properly executed report under subdivision (d)(3) of this section and the person 15
168	169		named in the revocation report is not present before the clerk, the clerk shall determine whether 16
169	170		there is probable cause to believe that each of the conditions criteria of subsection (b) has or (b1) 17
170	171		of this section has been met. For purposes of this subsection, a properly executed report under 18
171	172		subdivision (d)(3) of this section may include a sworn statement by the law enforcement officer 19
172	173		along with an affidavit received directly by the Clerk clerk from the chemical analyst. If he the 20
173	174		clerk determines that there is such probable cause, he the clerk shall mail to the person a 21
174	175		revocation order by first-class mail. The order shall direct that the person on or before the 22
175	176		effective date of the order either surrender his or her license to the clerk or appear before the 23
176	177		clerk and demonstrate that he or she is not currently licensed, and the order shall inform the 24
177	178		person of the time and effective date of the revocation and of its duration, of his or her right to a 25
178	179		hearing as specified in subsection (g), (g) of this section, and that the revocation remains in effect 26
179	180		pending the hearing. Revocation orders mailed under this subsection become effective on the 27
180	181		fourth day after the order is deposited in the United States mail. If within five working days of 28
181	182		the effective date of the order, the person does not surrender his or her license to the clerk or 29
182	183		appear before the clerk to demonstrate that he or she is not currently licensed, the clerk shall 30
183	184		immediately issue a pick-up order. The pick-up order shall be issued and served in the same 31
184	185		manner as specified in subsection (e) of this section for pick-up orders issued pursuant to that 32
185	186		subsection. A revocation under this subsection begins at the date specified in the order and 33
186	187		continues until the person's license has been revoked for the period specified in this subsection 34
187	188		and the person has paid the applicable costs. If the person has no pending offenses for which his 35
188	189		or her license had been or is revoked under this section, the period of revocation under this 36
189	190		subsection is:is for any of the following: 37
190	191		(1) Thirty days from the time the person surrenders his or her license to the court, 38
191	192		if the surrender occurs within five working days of the effective date of the 39
192	193		order; ororder. 40
193	194		(2) Thirty days after the person appears before the clerk and demonstrates that he 41
194	195		or she is not currently licensed to drive, if the appearance occurs within five 42
195	196		working days of the effective date of the revocation order; ororder. 43
196	197		(3) Forty-five days from the time:any of the following times: 44
197	198		a. The person's drivers license is picked up by a law-enforcement officer 45
198	199		following service of a pick-up order; ororder. 46
199	200		b. The person demonstrates to a law-enforcement officer who has a 47
200	201		pick-up order for his or her license that he or she is not currently 48
201	202		licensed; orlicensed. 49 General Assembly Of North Carolina Session 2025
202		-	~~House Bill 108-First Edition~~ Page 5
	203	+	DRH10048-MLf-23 Page 5
203	204		c. The person's drivers license is surrendered to the court if the surrender 1
204	205		occurs more than five working days after the effective date of the 2
205	206		revocation order; ororder. 3
206	207		d. The person appears before the clerk to demonstrate that he or she is 4
207	208		not currently licensed, if he or she appears more than five working 5
208	209		days after the effective date of the revocation order. 6
209	210		If at the time of the current offense, the person has one or more pending offenses for which his 7
210	211		or her license had been or is revoked under this section, the revocation shall remain in effect until 8
211	212		a final judgment, including all appeals, has been entered for the current offense and for all 9
212	213		pending offenses. In no event may the period of revocation for the current offense be less than 10
213	214		the applicable period of revocation in subdivision (1), (2), or (3) of this subsection. When a 11
214	215		pick-up order is issued, it shall inform the person of his or her right to a hearing as specified in 12
215	216		subsection (g), (g) of this section, and that the revocation remains in effect pending the hearing. 13
216	217		An officer serving a pick-up order under this subsection shall return the order to the court 14
217	218		indicating the date it was served or that he or she was unable to serve the order. If the license was 15
218	219		surrendered, the officer serving the order shall deposit it with the clerk within three days of the 16
219	220		surrender. 17
220	221		(g) Hearing before Magistrate or Judge Clerk of Court if Person Contests Validity of 18
221	222		Revocation. – A person whose license is revoked under this section may request in writing a 19
222	223		hearing to contest the validity of the revocation. The request may be made at the time of the 20
223	224		person's initial appearance, or within 10 days of the effective date of the revocation to the clerk 21
224	225		or a magistrate designated by the clerk, and may specifically request that the hearing be 22
225	226		conducted by a district court judge. clerk. The Administrative Office of the Courts must develop 23
226	227		a hearing request form for any person requesting a hearing. Unless a district court judge is 24
227	228		requested, the The hearing must be conducted within the county by a magistrate assigned by the 25
228	229		chief district court judge to conduct such hearings. If the person requests that a district court 26
229	230		judge hold the hearing, the hearing must be conducted within the district court district as defined 27
230	231		in G.S. 7A-133 by a district court judge assigned to conduct such hearings. where the revocation 28
231	232		was issued. If the clerk's office issued the revocation order pursuant to subsection (f) of this 29
232	233		section, then a member of the clerk's office other than the clerk may hold the hearing. The 30
233	234		revocation remains in effect pending the hearing, but the hearing must be held within three 31
234	235		working 10 days following the request if the hearing is before a magistrate or within five working 32
235	236		days if the hearing is before a district court judge. request. The request for the hearing must 33
236	237		specify the grounds upon criteria in subsection (b) or (b1) of this section which the validity of 34
237	238		the revocation is challenged person claims were not met and the hearing must be limited to the 35
238	239		grounds criteria specified in the hearing request. A witness may submit his or her evidence by 36
239	240		affidavit unless he is subpoenaed to appear. or video. Any person who appears and testifies in 37
240	241		person or by video is subject to questioning by the judicial official clerk conducting the hearing, 38
241	242		and the judicial official clerk may adjourn the hearing to seek additional evidence if he or she is 39
242	243		not satisfied with the accuracy or completeness of evidence. The person contesting the validity 40
243	244		of the revocation may, but is not required to, testify in his or her own behalf. Unless contested 41
244	245		by the person requesting the hearing, the judicial official clerk may accept as true any matter 42
245	246		stated in the revocation report. If any relevant condition The clerk shall consider any relevant 43
246	247		information in any files or records concerning the person from the Administrative Office of the 44
247	248		Courts or the Division of Motor Vehicles. The failure of the charging officer or chemical analyst 45
248	249		to testify in person or by video shall not be grounds to rescind the revocation. For any criteria 46
249	250		under subsection (b) is or (b1) of this section that are contested, the judicial official clerk must 47
250	251		find by the greater weight of the evidence that the condition was met in order to sustain the 48
251	252		revocation. At the conclusion of the hearing the judicial official clerk must enter an order 49
252	253		sustaining or rescinding the revocation. The judicial official's clerk's findings are without 50
253	254		prejudice to the person contesting the revocation and to any other potential party as to any other 51 General Assembly Of North Carolina Session 2025
254		-	Page 6 ~~House Bill 108-First Edition~~
	255	+	Page 6 DRH10048-MLf-23
255	256		proceedings, civil or criminal, that may involve facts bearing upon the conditions criteria in 1
256	257		subsection (b) or (b1) of this section considered by the judicial official. clerk. The decision of the 2
257	258		judicial official clerk is final and may not be appealed in the General Court of Justice. If the 3
258	259		hearing is not held and completed within three working 10 days of the written request for a 4
259	260		hearing before a magistrate or within five working days of the written request for a hearing before 5
260	261		a district court judge, hearing, the judicial official clerk must enter an order rescinding the 6
261	262		revocation, unless the person contesting the revocation contributed to the delay in completing the 7
262	263		hearing. If the person requesting the hearing fails to appear at the hearing or any rescheduling 8
263	264		thereof after having been properly notified, he or she forfeits his or her right to a hearing. 9
264	265		…." 10
265	266		SECTION 2.(d) G.S. 20-17(a)(2)b. reads as rewritten: 11
266	267		"b. Impaired driving under G.S. 20-138.2, if the driver's alcohol 12
267	268		concentration level was .06 or higher. For the purposes of this 13
268	269		sub-subdivision, the driver's alcohol concentration level result, 14
269	270		obtained by chemical analysis, shall be conclusive and is not subject 15
270	271		to modification by any party, with or without approval by the 16
271	272		court.G.S. 20-138.2." 17
272	273		SECTION 2.(e) G.S. 20-138.1 reads as rewritten: 18
273	274		"§ 20-138.1. Impaired driving. 19
274	275		(a) Offense. – A person commits the offense of impaired driving if he the person drives 20
275	276		any vehicle upon any highway, any street, or any public vehicular area within this State:State and 21
276	277		any of the following conditions are satisfied: 22
277	278		(1) While The person was under the influence of an impairing substance; 23
278	279		orsubstance. 24
279	280		(2) After having consumed sufficient alcohol that he the person has, at any 25
280	281		relevant time after the driving, an alcohol concentration of 0.08 0.05 or more. 26
281	282		The results of a chemical analysis shall be deemed sufficient evidence to prove 27
282	283		a person's alcohol concentration; orconcentration. 28
283	284		(3) With The person had any amount of a Schedule I controlled substance, as 29
284	285		listed in G.S. 90-89, or its metabolites in his or her blood or urine. 30
285	286		(a1) A person who has submitted to a chemical analysis of a blood sample, pursuant to 31
286	287		G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a 32
287	288		relevant time after the driving, an alcohol concentration of 0.08 0.05 or more. 33
288	289		…." 34
289	290		SECTION 2.(f) G.S. 20-139.1(b5) reads as rewritten: 35
290	291		"(b5) Subsequent Tests Allowed. – A person may be requested, pursuant to G.S. 20-16.2, 36
291	292		to submit to a chemical analysis of the person's blood or other bodily fluid or substance in 37
292	293		addition to or in lieu of a chemical analysis of the breath, in the discretion of a law enforcement 38
293	294		officer; except that a person charged with a violation of G.S. 20-141.4 shall be requested, at any 39
294	295		relevant time after the driving, to provide a blood sample in addition to or in lieu of a chemical 40
295	296		analysis of the breath. However, if a breath sample shows an alcohol concentration of .08 0.05 41
296	297		or more, then requesting a blood sample shall be in the discretion of a law enforcement officer. 42
297	298		If a subsequent chemical analysis is requested pursuant to this subsection, the person shall again 43
298	299		be advised of the implied consent rights in accordance with G.S. 20-16.2(a). A person's willful 44
299	300		refusal to submit to a chemical analysis of the blood or other bodily fluid or substance is a willful 45
300	301		refusal under G.S. 20-16.2. If a person willfully refuses to provide a blood sample under this 46
301	302		subsection, and the person is charged with a violation of G.S. 20-141.4, then a law enforcement 47
302	303		officer with probable cause to believe that the offense involved impaired driving or was an 48
303	304		alcohol-related offense made subject to the procedures of G.S. 20-16.2 shall seek a warrant to 49
304	305		obtain a blood sample. The failure to obtain a blood sample pursuant to this subsection shall not 50
305	306		be grounds for the dismissal of a charge and is not an appealable issue." 51 General Assembly Of North Carolina Session 2025
306		-	~~House Bill 108-First Edition~~ Page 7
	307	+	DRH10048-MLf-23 Page 7
307	308		SECTION 2.(g) G.S. 75A-10(b1) reads as rewritten: 1
308	309		"(b1) No person shall operate any vessel while underway on the waters of this State:State 2
309	310		if any of the following apply: 3
310	311		(1) While The person is under the influence of an impairing substance, 4
311	312		orsubstance. 5
312	313		(2) After having consumed sufficient alcohol that the person has, at any relevant 6
313	314		time after the boating, an alcohol concentration of 0.08 0.05 or more." 7
314	315		SECTION 2.(h) This section becomes effective December 1, 2025, and applies to 8
315	316		offenses committed on or after that date. 9
316	317		10
317	318		PROVISIONS RELATED TO ASSURING IMPAIRED DRIVERS PAY THEIR FAIR 11
318	319		SHARE OF THE COSTS OF PROCESSING THEM 12
319	320		SECTION 3.(a) G.S. 20-7(i1) reads as rewritten: 13
320	321		"(i1) Restoration Fee. – Any person whose drivers license has been revoked pursuant to 14
321	322		the provisions of this Chapter, other than G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14) of 15
322	323		subsection (a) of G.S. 20-17, shall pay a restoration fee of seventy dollars ($70.00). A person 16
323	324		whose drivers license has been revoked under G.S. 20-17(a)(2) subdivision (2), (12), (13), or (14) 17
324	325		of subsection (a) of G.S. 20-17 shall pay a restoration fee of one two hundred forty fifty dollars 18
325	326		and twenty-five cents ($140.25). ($250.00). The fee shall be paid to the Division prior to the 19
326	327		issuance to such person of a new drivers license or the restoration of the drivers license. The 20
327	328		restoration fee shall be paid to the Division in addition to any and all fees which may be provided 21
328	329		by law. This restoration fee shall not be required from any licensee whose license was revoked 22
329	330		or voluntarily surrendered for medical or health reasons whether or not a medical evaluation was 23
330	331		conducted pursuant to this Chapter. The seventy dollar ($70.00) fee, and the first one hundred 24
331	332		five twenty dollars ($105.00) ($120.00) of the one two hundred forty fifty dollar and twenty-five 25
332	333		cent ($140.25) ($250.00) fee, shall be deposited in the Highway Fund. Twenty five Sixty-five 26
333	334		dollars ($25.00) ($65.00) of the one two hundred forty fifty dollar and twenty-five cent ($140.25) 27
334	335		($250.00) fee shall be used to fund a statewide chemical alcohol testing program administered 28
335	336		by the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury Section of the 29
336	337		Department of Health and Human Services. The remaining sixty-five dollars ($65.00) of the two 30
337	338		hundred fifty dollar ($250.00) fee shall be remitted to the county for the sole purpose of 31
338	339		reimbursing the county for jail expenses incurred due to enforcement of the impaired driving 32
339	340		laws. Notwithstanding any other provision of law, a restoration fee assessed pursuant to this 33
340	341		subsection may be waived by the Division when (i) the restoration fee remains unpaid for more 34
341	342		than 10 years from the date of assessment and (ii) the person responsible for payment of the 35
342	343		restoration fee has been issued a drivers license by the Division after the effective date of the 36
343	344		revocation for which the restoration fee is owed. The Office of State Budget and Management 37
344	345		shall annually report to the General Assembly the amount of fees deposited in the General Fund 38
345	346		and transferred to the Forensic Tests for Alcohol Branch of the Chronic Disease and Injury 39
346	347		Section of the Department of Health and Human Services under this subsection." 40
347	348		SECTION 3.(b) G.S. 20-16.5(j) reads as rewritten: 41
348	349		"(j) Costs. – Unless the magistrate or judge clerk orders the revocation rescinded, a person 42
349	350		whose license is revoked under this section must pay a fee of one two hundred fifty dollars 43
350	351		($100.00) ($250.00) as costs for the action before the person's license may be returned under 44
351	352		subsection (h) of this section. Fifty percent (50%) of the costs collected under this section shall 45
352	353		be credited to the General Fund. Twenty-five percent (25%) of the costs collected under this 46
353	354		section shall be used to fund a statewide chemical alcohol testing program administered by the 47
354	355		Injury Control Section Forensic Tests for Alcohol Branch of the Chronic Disease and Injury 48
355	356		Section of the Department of Health and Human Services. The remaining twenty-five percent 49
356	357		(25%) of the costs collected under this section shall be remitted to the county for the sole purpose 50 General Assembly Of North Carolina Session 2025
357		-	Page 8 ~~House Bill 108-First Edition~~
	358	+	Page 8 DRH10048-MLf-23
358	359		of reimbursing the county for jail expenses incurred due to enforcement of the impaired driving 1
359	360		laws." 2
360	361		SECTION 3.(c) G.S. 20-16.5(n) is repealed. 3
361	362		SECTION 3.(d) This section becomes effective December 1, 2025, and applies to 4
362	363		offenses committed on or after that date. 5
363	364		6
364	365		PROVISIONS RELATING TO REDUCING UNNECESSARY MOTIONS IN COURT 7
365	366		SECTION 4.(a) G.S. 20-16.3 reads as rewritten: 8
366	367		"§ 20-16.3. Alcohol and drug screening tests required of certain drivers; approval of test 9
367	368		devices and manner of use by Department of Health and Human Services; use 10
368	369		of test results or refusal. 11
369	370		(a) When Alcohol or Drug Screening Test May Be Required; Not an Arrest. – A 12
370	371		law-enforcement officer may require the driver of a vehicle to submit to an alcohol screening test 13
371	372		within a relevant time after the driving test, drug screening test, or an alcohol screening test and 14
372	373		a drug screening test, if the officer has:has either of the following: 15
373	374		(1) Reasonable grounds to believe that the driver has consumed alcohol alcohol, 16
374	375		an impairing substance other than alcohol, or alcohol and an impairing 17
375	376		substance other than alcohol, and has:has done either of the following: 18
376	377		a. Committed a moving traffic violation; orviolation. 19
377	378		b. Been involved in an accident or collision; orcollision. 20
378	379		(2) An articulable and reasonable suspicion that the driver has committed an 21
379	380		implied-consent offense under G.S. 20-16.2, and the driver has been lawfully 22
380	381		stopped for a driver's license check or otherwise lawfully stopped or lawfully 23
381	382		encountered by the officer in the course of the performance of the officer's 24
382	383		duties. 25
383	384		Requiring a driver to submit to an alcohol screening a test in accordance with this section does 26
384	385		not in itself constitute an arrest. 27
385	386		(b) Approval of Alcohol Screening Devices and Manner of Use. – The Department of 28
386	387		Health and Human Services is directed to examine and approve devices suitable for use by 29
387	388		law-enforcement officers in making on-the-scene tests of drivers for alcohol concentration. For 30
388	389		each alcohol screening device or class of devices approved, the Department must adopt 31
389	390		regulations governing the manner of use of the device. For any alcohol screening device that tests 32
390	391		the breath of a driver, the Department is directed to specify in its regulations the shortest feasible 33
391	392		minimum waiting period that does not produce an unacceptably high number of false positive 34
392	393		test results. 35
393	394		(b1) Approval of Oral Drug Screening Devices and Manner of Use. – The Department of 36
394	395		Health and Human Services is directed to examine and approve oral fluid drug screening devices 37
395	396		suitable for use by law-enforcement officers to test drivers for the presence of impairing 38
396	397		substances other than alcohol in oral fluids. For each device or class of devices approved, the 39
397	398		Department must adopt regulations governing the manner of use of the device and the level of 40
398	399		training required for officers who are authorized to use the device. The Department is directed to 41
399	400		specify in its regulations the shortest feasible minimum waiting period that does not produce an 42
400	401		unacceptably high number of false positive test results. 43
401	402		(c) Tests Must Be Made with Approved Devices and in Approved Manner. – No 44
402	403		screening test for alcohol concentration is a valid one under this section unless the device used is 45
403	404		one approved by the Department and the screening test is conducted in accordance with the 46
404	405		applicable regulations of the Department as to the manner of its use. 47
405	406		(d) Use of Screening Test Results or Refusal by Officer. – The fact that a driver showed 48
406	407		a positive or negative result on an alcohol screening test, but not the actual alcohol concentration 49
407	408		result, result of an alcohol screening test, the type of impaired substance present as shown by an 50
408	409		oral fluid drug screening test, or a driver's refusal to submit to a test may be used by a 51 General Assembly Of North Carolina Session 2025
409		-	~~House Bill 108-First Edition~~ Page 9
	410	+	DRH10048-MLf-23 Page 9
410	411		law-enforcement officer, is admissible in a court, or may also be used by an administrative 1
411	412		agency in determining if there are reasonable grounds for believing:or probable cause to believe 2
412	413		any of the following: 3
413	414		(1) That the driver has committed an implied-consent offense under G.S. 20-16.2; 4
414	415		andG.S. 20-16.2. 5
415	416		(2) That For an alcohol screening test, that the driver had consumed alcohol and 6
416	417		that the driver had in his or her body previously consumed alcohol, but not to 7
417	418		prove a particular alcohol concentration. Negative or low results on the 8
418	419		alcohol screening test may be used in factually appropriate cases by the 9
419	420		officer, a court, or an administrative agency in determining whether a person's 10
420	421		alleged impairment is caused by an impairing substance other than alcohol. 11
421	422		(3) For an oral fluid drug screening test, that the driver had consumed one or more 12
422	423		impairing substances other than alcohol and had in his or her body one or more 13
423	424		previously consumed impairing substances other than alcohol." 14
424	425		SECTION 4.(b) G.S. 20-138.7(d) reads as rewritten: 15
425	426		"(d) Alcohol Screening Test. – Notwithstanding any other provision of law, an alcohol 16
426	427		screening test may be administered to a driver suspected of violating subsection (a) of this 17
427	428		section, and the results of an alcohol screening test or the driver's refusal to submit may be used 18
428	429		by a law enforcement officer, a court, or an administrative agency in determining if alcohol was 19
429	430		present in the driver's body. No alcohol screening tests are valid under this section unless the 20
430	431		device used is one approved by the Commission for Public Health, Department of Health and 21
431	432		Human Services, and the screening test is conducted in accordance with the applicable 22
432	433		regulations of the Commission Department of Health and Human Services as to the manner of 23
433	434		its use." 24
434	435		SECTION 4.(c) G.S. 15A-534.2(d)(2) reads as rewritten: 25
435	436		"(2) For any purpose in any proceeding if the test was not performed by a method 26
436	437		approved by the Commission for Public Health Department of Health and 27
437	438		Human Services under G.S. 20-139.1 and by a person licensed to administer 28
438	439		the test by the Department of Health and Human Services." 29
439	440		SECTION 4.(d) This section becomes effective December 1, 2025, and applies to 30
440	441		offenses committed on or after that date. 31
441	442		32
442	443		PROVISIONS RELATED TO TRANSPARENCY IN COURT PROCEEDINGS 33
443	444		INVOLVING IMPAIRED DRIVERS 34
444	445		SECTION 5.(a) G.S. 7A-191.1 reads as rewritten: 35
445	446		"§ 7A-191.1. Recording of proceeding in which defendant pleads guilty or no contest to 36
446	447		felony in district court. 37
447	448		(a) The trial judge shall require that a true, complete, and accurate record be made of the 38
448	449		proceeding in which a defendant pleads guilty or no contest to a Class H or I felony pursuant to 39
449	450		G.S. 7A-272.(i) any hearing on an infraction conducted pursuant to Article 66 of Chapter 15A of 40
450	451		the General Statutes and (ii) any criminal trial proceeding, including pretrial motions, pleas, plea 41
451	452		bargains, an explanation required under G.S. 20-138.4, taking of evidence, sentencing hearings, 42
452	453		posttrial motions, and requests for limited driving privileges. A proceeding described in this 43
453	454		subsection shall be recorded, both video and audio, using electronic or other mechanical devices 44
454	455		provided by the Administrative Office of the Courts. 45
455	456		(b) It is the duty of the clerk of superior court, or another person designated by the clerk, 46
456	457		to (i) operate the recording device described in subsection (a) of this section and (ii) preserve any 47
457	458		recording produced by the device. Notwithstanding any provision of law to the contrary, making 48
458	459		a recording produced in accordance with this section available online in a format that allows a 49
459	460		person to view the recording and download or save the recording to his or her device is allowed 50
460	461		and sufficient to comply with any provision of Chapter 132 of the General Statutes requiring 51 General Assembly Of North Carolina Session 2025
461		-	Page 10 ~~House Bill 108-First Edition~~
	462	+	Page 10 DRH10048-MLf-23
462	463		access to public records. A proceeding described in subsection (a) of this section may be deleted 1
463	464		in accordance with a retention schedule adopted and implemented by the Administrative Office 2
464	465		of the Courts." 3
465	466		SECTION 5.(b) G.S. 7A-109.2 reads as rewritten: 4
466	467		"§ 7A-109.2. Records of dispositions in criminal cases; impaired driving integrated data 5
467	468		system. 6
468	469		(a) Each clerk of superior court shall ensure that all records of dispositions in criminal 7
469	470		cases, including those records filed electronically, contain all the essential information about the 8
470	471		case, including the the name of the presiding judge and the attorneys representing the State and 9
471	472		the defendant. 10
472	473		(b) In addition to the information required by subsection (a) of this section for all offenses 11
473	474		involving impaired driving as defined by G.S. 20-4.01, all charges of driving while license 12
474	475		revoked for an impaired driving license revocation as defined by G.S. 20-28.2, and any other 13
475	476		violation of the motor vehicle code involving the operation of a vehicle and the possession, 14
476	477		consumption, use, or transportation of alcoholic beverages, the clerk shall include in the 15
477	478		electronic records the following information: 16
478	479		(1) The reasons for any pretrial dismissal by the court. 17
479	480		(2) The alcohol concentration reported by the charging officer or chemical 18
480	481		analyst, if any. 19
481	482		(3) The reasons for any suppression of evidence. 20
482	483		(4) The disposition of the charge. 21
483	484		(c) In addition to the information required under subsections (a) and (b) of this section, 22
484	485		for defendants sentenced pursuant to G.S. 20-179, the clerk shall include in the electronic records 23
485	486		(i) each grossly aggravating factor, aggravating factor, and mitigating factor found by the court 24
486	487		and (ii) the level of punishment imposed by the court. 25
487	488		(d) The Administrative Office of the Courts shall publish an annual report no later than 26
488	489		September 1 of each year on its website that includes the information required by this section for 27
489	490		the fiscal year immediately preceding the date of the report. The report shall include statewide 28
490	491		and countywide summaries of the number of charges, dispositions, sentencing factors, and 29
491	492		sentencing levels. Additionally, for each county, the report shall include each type of charge filed 30
492	493		and all of the information required by this section for each charge." 31
493	494		SECTION 5.(c) Section 33 of S.L. 2006-253, as amended by Section 5 of S.L. 32
494	495		2007-493, reads as rewritten: 33
495	496		"SECTION 33. Section 6 becomes effective August 21, 2006, and applies to hearings held 34
496	497		on or after that date. Sections 20.1, 20.2, and the requirement that the Administrative Office of 35
497	498		the Courts electronically record certain data contained in subsection (c) of G.S. 20-138.4, as 36
498	499		amended by Section 19 of this act, become effective after the next rewrite of the superior court 37
499	500		clerks system by the Administrative Office of the Courts. December 1, 2025. Section 22.4 38
500	501		becomes effective December 1, 2006. The remainder of this act becomes effective December 1, 39
501	502		2006, and applies to offenses committed on or after that date." 40
502	503		SECTION 5.(d) The first report required under G.S. 7A-109.2(d), as enacted by 41
503	504		subsection (b) of this section, shall include information from December 1, 2025, through June 42
504	505		30, 2026, and shall be published no later than September 1, 2026. 43
505	506		SECTION 5.(e) Subsections (a) and (b) of this section become effective December 44
506	507		1, 2025, and apply to any hearing, trial, or disposition of charges occurring on or after that date. 45
507	508		The remainder of this section is effective when it becomes law. 46
508	509		47
509	510		PROVISIONS RELATED TO ALLOWING REPEAT OFFENDERS A METHOD TO 48
510	511		PROVE THEIR SOBRIETY AND OBTAIN A LEGAL METHOD TO OPERATE A 49
511	512		VEHICLE 50
512	513		SECTION 6.(a) G.S. 20-19 is amended by adding a new subsection to read: 51 General Assembly Of North Carolina Session 2025
513		-	~~House Bill 108-First Edition~~ Page 11
	514	+	DRH10048-MLf-23 Page 11
514	515		"(d1) Notwithstanding any other provision of law, when a person's license is revoked for 1
515	516		an impaired driving offense and the person is sentenced pursuant to G.S. 20-179, the Division 2
516	517		may conditionally restore the person's license after it has been revoked for at least one year if the 3
517	518		person (i) provides the Division with a certificate of graduation from a Drug Treatment or Driving 4
518	519		While Impaired (DWI) Treatment Court Program established pursuant to Article 62 of Chapter 5
519	520		7A of the General Statutes, (ii) successfully completes a Division-approved driver improvement 6
520	521		clinic described in G.S. 20-16, and (iii) pays, in addition to any other applicable fees, a fee of 7
521	522		twenty-five dollars ($25.00). The twenty-five dollar ($25.00) fee shall be deposited in the 8
522	523		Highway Fund. If the Division restores the person's license, it shall place all of the following 9
523	524		restrictions, requirements, and conditions on the person for the duration of the original revocation 10
524	525		period: 11
525	526		(1) A requirement that all registered vehicles owned by that person be equipped 12
526	527		with a functioning ignition interlock system in accordance with 13
527	528		G.S. 20-17.8(c1). 14
528	529		(2) A restriction that the person may operate only a motor vehicle equipped with 15
529	530		a functioning ignition interlock system of a type approved by the 16
530	531		Commissioner that is set to prohibit driving with an alcohol concentration of 17
531	532		greater than 0.02. 18
532	533		(3) A requirement that the person personally activate the ignition interlock system 19
533	534		before driving the motor vehicle. 20
534	535		In lieu of an ignition interlock system, the Division may impose a requirement that the person 21
535	536		prove abstention from the consumption of alcohol by use of a continuous alcohol monitoring 22
536	537		system approved under G.S. 15A-1343.3. The provider of the continuous alcohol monitoring 23
537	538		system shall send reports prepared in accordance with this subsection to the Division. 24
538	539		In addition, the Division may place other reasonable restrictions, requirements, and 25
539	540		conditions on the person for the duration of the original revocation period." 26
540	541		SECTION 6.(b) This section becomes effective December 1, 2025. 27
541	542		28
542	543		REVISION RELATED TO THE OFFENSE OF AIDING OR ABETTING THE SALE TO 29
543	544		OR PURCHASE BY UNDERAGE PERSONS OF ALCOHOLIC BEVERAGES 30
544	545		SECTION 7.(a) G.S. 18B-302(c)(2) reads as rewritten: 31
545	546		"(2) By Person over Lawful Age. – Any Except as otherwise provided in this 32
546	547		subdivision, any person who is over the lawful age to purchase and who aids 33
547	548		or abets another in violation of subsection (a), (a1), or (b) of this section is 34
548	549		guilty of a Class 1 misdemeanor. Any person who is over the lawful age to 35
549	550		purchase and who aids or abets a person under the lawful age to purchase in 36
550	551		violation of subsection (a), (a1), or (b) of this section is guilty of a Class F 37
551	552		felony if the person under the lawful age to purchase consumed the alcoholic 38
552	553		beverage involved in the violation and serious bodily injury to the person 39
553	554		under lawful age or another results that was proximately caused by the 40
554	555		consumption of the alcoholic beverage. For purposes of this subdivision, the 41
555	556		term "serious bodily injury" is as defined in G.S. 14-32.4." 42
556	557		SECTION 7.(b) G.S. 18B-302.1(b) reads as rewritten: 43
557	558		"(b) A violation of G.S. 18B-302(c)(2) is either a Class 1 misdemeanor. misdemeanor or 44
558	559		a Class F felony. Notwithstanding the provisions of G.S. 15A-1340.23, if the court imposes a 45
559	560		sentence that does not include an active punishment, the court must include among the conditions 46
560	561		of probation a requirement that the person pay a fine of at least five hundred dollars ($500.00) as 47
561	562		authorized by G.S. 15A-1343(b)(9) and a requirement that the person complete at least 25 hours 48
562	563		of community service, as authorized by G.S. 15A-1343(b1)(6). If the person has a previous 49
563	564		conviction of this offense in the four years immediately preceding the date of the current offense, 50
564	565		and the court imposes a sentence that does not include an active punishment, the court must 51 General Assembly Of North Carolina Session 2025
565		-	Page 12 ~~House Bill 108-First Edition~~
	566	+	Page 12 DRH10048-MLf-23
566	567		include among the conditions of probation a requirement that the person pay a fine of at least one 1
567	568		thousand dollars ($1,000) as authorized by G.S. 15A-1343(b)(9) and a requirement that the 2
568	569		person complete at least 150 hours of community service, as authorized by 3
569	570		G.S. 15A-1343(b1)(6)." 4
570	571		SECTION 7.(c) This section becomes effective December 1, 2025, and applies to 5
571	572		offenses committed on or after that date. 6
572	573		7
573	574		SEVERABILITY CLAUSE, CRIMINAL SAVINGS CLAUSE, AND EFFECTIVE DATE 8
574	575		SECTION 8.(a) If any provision of this act or its application is held invalid, the 9
575	576		invalidity does not affect other provisions or applications of this act that can be given effect 10
576	577		without the invalid provisions or application and, to this end, the provisions of this act are 11
577	578		severable. 12
578	579		SECTION 8.(b) Prosecutions for offenses committed before the effective date of 13
579	580		this act are not abated or affected by this act, and the statutes that would be applicable but for 14
580	581		this act remain applicable to those prosecutions. 15
581	582		SECTION 8.(c) Except as otherwise provided in this act, this act is effective when 16
582	583		it becomes law. 17